Illegal Entry: Tenant Rights and Landlord Penalties in Saskatchewan
Dealing with a landlord who enters your rental home without proper notice can be unsettling and stressful. In Saskatchewan, tenants are legally protected from illegal entry by their landlords. Understanding your rights and the steps to take can help maintain your privacy and ensure your rental experience is respectful and fair.
When Can a Landlord Enter Your Rental in Saskatchewan?
The Office of Residential Tenancies (ORT) oversees rental laws and disputes in Saskatchewan. The law regarding landlord entry is found in the The Residential Tenancies Act, 2006[1]. Landlords cannot enter your rental whenever they wish—they must follow strict rules:
- Written notice of entry is required: Your landlord must give you at least 24 hours' written notice before entering your home, stating the date, time (between 8 a.m. and 8 p.m.), and reason for entry.
- Permitted reasons for entry include:
- To carry out repairs or maintenance
- To show the property to prospective tenants or buyers
- To inspect the premises
- In case of emergency (no notice needed)
- Unauthorized entry is prohibited unless there is an emergency, or the tenant permits it verbally or in writing.
These protections support your right to privacy and peaceful enjoyment of your home. For a detailed breakdown of tenant and landlord obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
What Is Considered Illegal Entry?
Illegal entry occurs any time a landlord:
- Enters without proper written notice (unless it is a true emergency)
- Enters at times other than those legally allowed (outside 8 a.m.–8 p.m.)
- Enters for reasons not permitted by law
- Enters after you've refused access without resolving the issue through the ORT
It is your right as a tenant to expect privacy and not to have your living space entered without valid reason and notice.
Your Options If Your Landlord Enters Illegally
If your landlord enters your home without proper notice or permission, there are several actions you can take to address the situation and prevent future problems. The process is simple, and official forms are available to help tenants.
How to Respond to Illegal Entry in Saskatchewan
Here are the options and steps you can follow if your landlord enters illegally:
- Document the incident: Write down what happened—include the date, time, and details. Gather any evidence (photos, messages, or witness statements).
- Communicate with your landlord: Inform your landlord in writing that the entry was not permitted and refer to your rights under The Residential Tenancies Act, 2006.
- File a formal complaint: If the problem continues, you can apply to the Office of Residential Tenancies (ORT) for an order stopping the landlord from entering unlawfully or for compensation.
If the illegal entry leads to other problems, such as threats to your health or safety, see Health and Safety Issues Every Tenant Should Know When Renting for more information.
Relevant Official Forms Tenants May Use
- Application for an ORT Hearing (Form 2): If your landlord repeatedly enters without proper notice or valid reason, you can fill out Form 2 – Application for a Hearing. Use this form to request an order for the landlord to stop unauthorized entry or to seek compensation for losses.
Example: If your landlord keeps coming into your apartment without notice, fill out Form 2, state the details and your preferred remedy, and submit to the ORT as directed on the form.
Penalties and Remedies for Landlord’s Illegal Entry
The ORT can order a landlord to:
- Stop entering the premises except as allowed by law
- Pay you compensation if you suffered damages or loss
- Pay penalties for repeated or serious violations
Decisions are made based on evidence provided, so keeping records is important.
If you feel your privacy is repeatedly violated, legal support is available. Don’t hesitate to protect your space and rights.
Prevention: How to Protect Your Privacy in Rentals
Avoiding disputes is ideal. Here are tips to help:
- Read your rental agreement carefully—understand both your rights and your landlord’s
- Keep all communications with your landlord in writing
- Know when your landlord can (and cannot) enter
For a deeper look at your rights and obligations throughout your tenancy, visit Tenant Rights and Landlord Rights in Saskatchewan for local details.
FAQ: Illegal Landlord Entry in Saskatchewan
- What constitutes emergency entry by a landlord?
Emergency entry means the landlord is allowed to enter without notice only in urgent situations—such as a fire, flood, or threat to life or property. - What should I do if I am present when my landlord enters illegally?
Politely remind your landlord of your rights and ask them to leave, then document what happened as soon as possible. - Can I refuse landlord entry if proper notice was given?
You generally cannot refuse entry for legal reasons if the landlord followed proper notice. If you have concerns, raise them in writing or with the ORT for clarification. - Is a landlord allowed to enter for routine maintenance?
Yes, if at least 24 hours' written notice is provided, and the time of entry is reasonable. - What if the unauthorized entry happens repeatedly?
You can file for an ORT hearing using Form 2 and may be entitled to compensation or additional remedies.
Need Help? Resources for Tenants
- Saskatchewan Residential Tenancies – Government Resource
- Office of Residential Tenancies (ORT) – for complaints, hearings, and guidance
- Form 2 – Application for a Hearing (PDF)
- Legal Aid Saskatchewan – free legal advice for eligible tenants
- Explore Houseme for nationwide rental listings
Categories
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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